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MILES v. R & M APPLIANCE SALES

26 N.Y.2d 451 (1970)

Janie Miles, Appellant, v. R & M Appliance Sales, Inc., Respondent and Third-Party Plaintiff. Rondel Television Service Company, Third-Party Defendant.

Court of Appeals of the State of New York.

Decided May 14, 1970.

Attorney(s) appearing for the Case

Louis J. Martino for appellant.

Arthur J. Vout'e, Jr. and James I. Lysaght for respondent.

Chief Judge FULD and Judges BERGAN, BREITEL and GIBSON concur with Judge BURKE; Judges SCILEPPI and JASEN dissent and vote to affirm on the opinion at the Appellate Division.

BURKE, J.

Plaintiff, having first ascertained that the seller would make any necessary repairs, purchased an air conditioner from defendant (referred to hereafter as R & M). The seller delivered and installed the unit which was found to be defective. Plaintiff spoke to the store's manager and was assured that the matter would receive their prompt attention. R & M, which did not maintain a service department...

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